A former University of Colorado student convicted of raping a drunken woman he was pretending to care for was spared prison Wednesday as a Boulder judge sentenced him to jail work-release and probation.

Austin James Wilkerson, 22, was found guilty in May of sexually assaulting a helpless victim and unlawful sexual contact.

At Wednesday’s hearing, District Judge Patrick Butler sentenced Wilkerson to 20 years to life on probation and 2 years in the Boulder County Jail on a program that will allow him to leave jail during the day to work or go to school.

Wilkerson was immediately taken into custody following the sentencing. Boulder County sheriff’s officials said they will not release Wilkerson’s booking photo until Thursday at the earliest.

The sexual assault count, a Class 3 felony, carried a presumptive prison sentence of four to 12 years. But under Colorado law, the sex assault charge is subject to indeterminate sentencing, which means Wilkerson would not have been released from prison until he was deemed fit.

“I’ve struggled, to be quite frank, with the idea of, ‘Do I put him in prison?'” Butler said, adding that he spoke to people in the prison and jail system about what kind of treatment Wilkerson would receive.

“I don’t know that there is any great result for anybody,” Butler said. “Mr. Wilkerson deserves to be punished, but I think we all need to find out whether he truly can or cannot be rehabilitated.”

The victim, who was present at the hearing but left before the defense addressed the court, asked Butler to send Wilkerson to prison.

“Have as much mercy for the rapist as he did for me that night,” she told the judge.

Afterward, Boulder District Attorney Stan Garnett said he thought the prosecutors in the case made a “very persuasive” argument for prison time, but said he respected Butler’s decision.

“My office believes it’s appropriate for the criminal justice system to send a strong message about the consequences of sexual assault,” Garnett said. “But sentencing is hard. It’s complex and a judge has to balance a lot of different factors.

“Judge Butler balanced those factors and reached a conclusion we disagreed with, but that is within the parameters of what is permitted by the law.”

At the hearing, Wilkerson apologized to the victim, who spoke to the court, but had left the room before Wilkerson spoke.

“I sexually assaulted (the victim),” Wilkerson said. “No words I can say could ever take away the pain and fear that I have caused. Nothing I say can make it better, but I am so sorry.”

Butler warned Wilkerson that he hoped he was right in his decision to issue a community-based sentence.

“If I or any other judge sees you on a probation violation, I have almost no doubt you are going to prison,” Butler said. “So if you think in any way you are getting off lightly, you are not. Twenty years to life is a long time for somebody to mess up, and I hope you don’t in any way take any of that lightly.”

LaBuda had the ability to sentence Ryerson to up to six years in prison, which could have turned into a life sentence under Colorado’s indeterminate sentencing law.

‘Arrogance, entitlement, privilege’

Prosecutors said Wilkerson sexually assaulted a female student March 15, 2014, after she had consumed too much alcohol, and he had told her friends he was going to take care of her.

At the time, Wilkerson was a CU student and a Ralphie handler for the Colorado football program. He is no longer a student at the school.

Butler also ordered that Wilkerson not have any contact with the CU campus while the victim was finishing school there, though Wilkerson’s attorney said he has no plans to attempt to re-enroll at any point.

At the hearing, the victim spoke about the impact the rape — which occurred when she was a freshman — has had on her life.

“When I’m not having nightmares about the rape, retaliation or a retrial gone awry, I’m having panic attacks,” she said. “Some days I can’t even get out of bed.”

At one point, she broke into sobs at the lectern. But when supporters approached her, she could be heard telling them, “No, I can do it,” and continued.

While the pre-sentence report recommended Wilkerson receive probation and not prison time, Deputy District Attorney Caryn Datz had asked the judge for a prison sentence.

“There’s an expectation out in the community that the criminal justice system protects its citizens,” Datz said. “The community expects punishment for the crime of rape.”

Datz said that while the probation department found Wilkerson remorseful, she said his actions at trial indicated otherwise.

“It was a five-day display of arrogance, entitlement, privilege and blatant disregard for the role of law,” Datz said. “This defendant on the witness stand admitted he is willing to lie to gain an advantage to himself.”

Butler, who was the trial judge, expressed concern about Wilkerson’s testimony and echoed Datz’s use of the word “entitled.”

“Whether or not family and friends see that on a consistent daily basis, it’s what I’ve at least noticed to be the theme of what I’ve been seeing and hearing,” Butler said. “I do have some great concerns over, as I would describe it as, ways he tried to play the system.”

Wilkerson’s friends and family described him as a caring, thoughtful and smart man who made a horrible decision. Defense attorney Michael Cohen also said Wilkerson’s remorse was genuine, and his testimony at trial was what he genuinely believed at the time.

“When he learned about the impact this had on her, the remorse I saw was genuine,” Cohen said.

He also refuted the prosecution’s assertion that his remorse was a show.

“If he was faking it or showing false remorse, this would come out,” Cohen said.

“I’m sorry I have perpetrated the cycle of sexual assault on college campus,” Wilkerson said. “My actions can never be undone.”

In her statements to Butler, the victim said the blame she felt was unfairly put on her — from friends, a juror and even her own mother at times — was the hardest part of the case.

“Worst of all is the victim blaming,” she said. “‘If I hadn’t been drunk, this wouldn’t have happened. If I hadn’t gotten separated, this wouldn’t have happened.’ Yet it was excusable for him to rape me because he was drunk?”

Datz said one of the tough parts of her job is preparing survivors for what they will face at trial.

“I had a heavy heart because I know I would have to explain to her what was ahead,” Datz said. “That despite her courage, and telling her parents, her school, police coming to meet me, it wouldn’t be enough. That she would have to come into a court and be totally exposed in a court full of strangers. I had to tell her she’ll be accused of seeking attention or having some sort of unknown agenda, and that our community may dismiss this as a drunken college night.

“I hate to have these kinds of conversations with the bravest people I get to meet.”

Added Datz, “I so admire this young woman. But her strength and courage doesn’t lessen the impact this had on her. It’s a process she found beyond embarrassing and shame-inducing. Her life is forever changed.”

While the victim was not present when Butler read the sentence, the judge did tell her father that he admired her courage in reporting the rape and going through with a trial.

“That kind of strength is really admirable,” Butler said. “Without ever forgetting this happened, I hope she is able to find hope for the future. She is clearly a bright, articulate young lady who, like everybody else, deserves a positive and hopeful future. I hope with the help and love of family and professionals, she is able to continue moving forward so that this event, where she was the victim, is not the only defining moment in her life.”

Hey Gang. This was on patreon Tuesday morning for the current 55 subscribers and is now available for everyone as of Saturday Morning. We have an instagram stalker and some hardcore mansplaining to come wtih it.

Two women in North Carolina have been arrested and charged with second-degree kidnapping and sexual battery of a transgender woman in a women’s bathroom. Investigators said that Amber Harrell, 38, and Jessica Fowler, 31, followed an unnamed 29-year-old woman into the bathroom at Milk Bar last month, and locked the door. They proceeded to allegedly […]

WICHITA FALLS, Texas (AP) — Police in northern Texas say a woman has been banned from a local Walmart after she spent several hours driving an electric shopping cart around the store's parking lot while drinking wine from a Pringles can. Police tell the Times Record News that officers responded to a report of a […]

An archbishop caused fury in Spain by saying domestic violence happens because “women do not obey men”. The Roman Catholic Archbishop of Toledo, Braulio Rodriguez, told his congregation that wives could avoid being hit by doing what they are told. Women could also escape being physically abused by not asking their husbands for a divorce […]

CHICAGO (Fox 32 News) - A 17-year-old boy accused of fatally shooting a transgender woman last year in a secluded area on the South Side was ordered held without bail Sunday. Tremon T. Hill was charged with first-degree murder in the Aug. 13 slaying of Dejanay Stanton, a 24-year-old trans woman he was in a […]

A US Border Patrol agent in Texas has pleaded not guilty to capital murder and other charges in the September killings of four women who prosecutors say were sex workers. Juan David Ortiz, a 10-year veteran of US Customs and Border Patrol, entered the pleas on Thursday before a judge in the border city of Laredo. He […]

The Modern Slavery Bill, which finally became law yesterday, will require businesses with turnovers of more than $100 million to report what they are doing to prevent slavery in supply chains. The legislation is also part of a wider push to stop Australians from taking part in “voluntourism” schemes which do more harm than good. According to […]

https://www.paypal.me/PhoenixAndWilliam https://www.patreon.com/WineCellarMediaFund Here are the next steps for 8 remaining Flint water crisis defendants After three plea agreements in just two weeks, only eight current and former city and state government employees remain accused of crimes tied to the Flint water crisis. Here's what's ahead in each of those cases, the first of which is […]

Six families of victims killed at Sandy Hook Elementary School won a legal victory Friday in their fight against controversial radio and internet personality Alex Jones. A judge in Connecticut has granted the families’ discovery requests, allowing them access to, among other things, Infowars’ internal marketing and financial documents. The judge has scheduled a hearing […]

A 51 -year-old White man was arrested for viciously punching an 11-year-old Black girl. The incident occurred on Jan. 12, 2019, at the Asheville Mall, according to Asheville Citizen-Times. The incident was recorded on a cell phone video. In the video, it appears that a group of Black kids were together when David Bell told […]

Two Cis Women Arrested for Attacking Transgender Woman in Bar Bathroom Two women in North Carolina have been arrested and charged with second-degree kidnapping and sexual battery of a transgender woman in a women’s bathroom Investigators said that Amber Harrell, 38, and Jessica Fowler, 31, followed an unnamed 29-year-old woman into the bathroom at Milk […]

Hey gang. We dig into Transmisogynoir for this one and touch on a past story from Oregon against maybe gay, maybe bi, maybe lesbian, maybe transgender youth. Why all the "maybe"? Because we're using LGBT as a word instead being specific to each individual. In the end, we do a brief un-credited history on pedophilic […]

The body of another young black man has been found at the West Hollywood apartment of Ed Buck — a prominent Democratic donor who allegedly has a fetish for drugging sex workers — reports Wehoville. Buck, a white man in his 60s, was investigated previously by authorities after the death of Gemmel Moore, who died of a methamphetamine overdose […]

WAUSAU, Wis. (AP) — A Wisconsin baby sitter who allegedly killed a 2-month-old boy then pretended he was alive when she gave the boy back to his mother has been charged with first-degree intentional homicide. A criminal complaint filed Friday says 28-year-old Marissa Tietsort of Wausau caused the infant’s death in October, then put him in a […]

TUCSON – Abortion has long been a controversial topic and a new law that went into effect in Arizona Jan. 1 is now adding even more conflict. Women seeking an abortion now have to face a series of questions about their decision. Many oppose this new law, saying it is too intrusive. Senate Bill 1394 requires […]

Hey gang. Phoenix And William back up in it. Our segments run a little longer than planned but the main story has a lot of detail. And she has her kids. There is also an Abortion Rights story and a Tariq Nashed tangent.

Hey gang. We're falling behidn in our program this week because we have a couple of 70+ year old white supremacists calling DCFS on us to try to steal custondy of the child. I hit a couple of stories but it's hard to focus right now. Thank you.

Boby has lost track of the precise number of times she has been gang-raped. She thinks it is between eight and 10. “Every time it has been without condom,” she says. “Every time I was badly beaten.” As a trans sex worker in India’s capital city Delhi, the smiling, unabashed 25-year-old lives under a constant threat of […]